Creating A Premarital (Prenuptial) Agreement In Virginia
You have met your soulmate and you are anticipating your cherished “I do’s”. However you may be also contemplating a prenuptial agreement before you walk down the aisle.There are many reasons as to why you may want a prenuptial agreement. Although the contemplation of a divorce or separation may be far from your mind, a prenuptial agreement can still serve as a wise safeguard for not only you but perhaps your family’s investments, wealth, and property. If you or someone you know is considering creating a prenuptial agreement in the State of Virginia, contact the lawyers at our law firm to guide you through this legal process.
What Is A Premarital Agreement?
A premarital agreement, colloquially known as a prenup or prenuptial agreement is legally defined in the State of Virginia. Virginia defines a premarital agreement as an agreement between two soon to be spouses made in contemplation of marriage and to be effective upon marriage. The premarital agreement must be in writing and signed by both prospective spouses.
What Belongs In A Premarital Agreement?
A premarital agreement may cover the rights and obligations of each spouse on a variety of topics under state law. For example, prospective spouses may contract to the rights and obligations in regards to property of either party regardless of where the property is or when the property was acquired. A premarital agreement may also dictate the right to buy, sell, use, transfer, dispose, abandon, manage or control property. In addition to detailing the control of property, a premarital agreement may dictate what occurs to such property in the event of separation, divorce, death or any other event.
Likewise, spousal support may also be dictated in a premarital agreement. You and your prospective spouse may use a premarital agreement to include the making of a will, trust or any other arrangement to properly carry out the terms of your agreement. Lastly, although you may create your premarital agreement in Virginia, you may decide what state law will govern the construction of your agreement.
Contact A Lawyer at Our Office for Help
There are many intricacies to creating a premarital agreement with a prospective spouse. Although it may not be the most romantic discussion, depending on your wealth, property and family structure, you may want a premarital agreement to assure your assets are distributed as you wish in the event of any occurrence that should befall upon your marriage. If you or someone you know is wondering how to amend, revoke or create a premarital agreement, contact the lawyers at Shannon & Bedois, P.C. or call (757) 228-5529 to assist you through this legal process.